Supreme Court decision invalidates NLRB recess appointments

Throws out multiple decisions as a result

Recess appointment power is a constitutionally protected clause that allows the President of the United States to appoint officials to important posts if there are vacant seats during a Senate recess. However, after nearly 200 years of practice, the Supreme Court has issued limitations to that power with their decision June 26 in Noel V. Canning.

The issue, raised by the Noel Canning unit of Noel Corp., a Washington-based Pepsi-bottler, contended that a ruling by the National Labor Relations Board was invalid on the grounds that three of the five NLRB members had been invalidly appointed during times that should not have been considered recesses.

Executive Editor

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Chris DiMarco

Chris DiMarco, Executive Editor of InsideCounsel magazine, has a background in multimedia production with previous involvement in projects in which he developed and created content...

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